ARIZONA HOUSE MEMBERS ASK TOUGH QUESTIONS BEFORE BIPARTSIAN, UNANIMOUS VOTE TO ENACT PROBATE ADVISORY PANEL
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ARIZONA HOUSE MEMBERS ASK TOUGH QUESTIONS BEFORE BIPARTSIAN, UNANIMOUS VOTE TO ENACT PROBATE ADVISORY PANEL
SB1038 Moving Forward in Response to Testimony from Victims of Probate Abuse
PHOENIX, Ariz – March 16, 2023 – In the House Judiciary Committee on Wednesday, victims of probate abuse testified to the loss of homes, bankruptcy, being deprived of family contact and independence, as well as losing the right to vote all, all without benefit of a trial by jury or having committed a crime. The testimony from victims of probate abuse resonated with the members of the House Judiciary Committee on Wednesday prompting discussion on SB1038 from Republican and Democrat members alike, who spoke of the loss of liberty and Constitutional rights. The result was a unanimous, bipartisan vote to pass the bill out of committee creating a Probate Advisory Panel, reporting directly to the legislature.
Making the point that no one is exempt from the destructive impact guardianship or conservatorship can bring, witness testimony was both gripping and tear inducing. Retired senior executive from Intel William Chalmers, described himself as a “unicorn” due to his survival of the probate court, testified in favor of the bill saying, “I am a victim of probate abuse… I was left bankrupt with a professional [guardian] charging over $400,000 in less than thirteen months.” He continued, “Victims need their civil rights protected.”
Members asked in depth questions with Rep. Analise Ortiz asking witnesses about issues such as “malintent from the judges” and interaction with the Commission on Judicial Conduct. Rep. Alex Kolodin, asked about the employment relationships with the professional guardians and the courts. Rep. Kolodin, saying he was in full support of the purpose of the panel, also brought forward an amendment to the proposed Probate Advisory Panel, requiring more meetings to get to solutions sooner.
Sherry Lund, founder of 5-14 Protecting Liberty a group dedicated to advocating for probate reform, in her testimony reminded the legislators that the most heinous criminals are guaranteed due process and a jury trial, yet citizens in probate court can have their rights stripped away, their freedom taken and their property taken without benefit of the same protections. She encouraged passage to bring in checks and balances to court oversight by inserting the legislature as a place for citizens to be heard and to have their rights protected. “The people need a direct voice to our legislators and they need to protect the rights of the people of Arizona.” “When laws are in place and the courts do not follow them or protect the constitutional rights of the people, the system is broken.”